Fourth Amendment - Arrests and Other Detentions Flashcards
1
Q
Fourth Amendment - Seizure
A
- 4th Am provides that people should be free from unreasonable searches + seizures
- seizure = any exercise of control by gov agent over a person or thing -> must be reasonable under 4th Am
2
Q
Seizure - What Counts?
A
- occurs when a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter
- judged based on the totality of the circumstances
3
Q
Arrests
A
- occurs when police take a person into custody against their will for purposes of criminal prosecution or interrogation
- probable cause requirement
- warrant generally not required in public places
4
Q
Arrest - Probable Cause
A
- arrests must be based on probable cause -> need trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
- based on the totality of the circumstances
5
Q
Station House Detentions
A
- in order to bring suspect to station for questioning or fingerprinting against the person’s will, police must have FULL probable cause for arrest
6
Q
Effect of Invalid Arrest
A
- an unlawful arrest, by itself, has no impact on any subsequent criminal prosecution
7
Q
Investigatory Detentions
A
- aka Terry Stops
- police have authority to briefly detain person even if they lack probable cause to arrest
- to detain for investigatory purposes, need reasonable suspicion of criminal activity or involvement in a completed crime
-> must be supported by articulable facts (not mere hunch) - may also frisk detainee for weapons IF reasonable suspicion that detainee is armed + dangerous
8
Q
Terry Stops - Reasonable Suspicion
A
- more than just vague suspicion
- BUT less than probable cause
- evaluated based on totality of the circumstances
9
Q
Investigatory Property Seizures
A
- similar to Terry stops, brief property seizures = valid if based on reasonable suspicion
10
Q
Reasonable Suspicion for Terry Stops - Informants
A
- when reasonable suspicion is based on an informant’s tip, there must be an indicia of reliability (including predictive info) to be sufficient
11
Q
Terry Stops - Duration and Scope
A
- not subject to a specific time limit
- police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
- police may ask detained individual to identify themselves -> may arrest for failure to comply w/ this request
- may also arrest if during detention other probable cause for arrest arises
12
Q
Automobile Stops
A
- police may generally stop a car if they have at least reasonable suspicion to believe that a law has been violated
13
Q
Police Dogs
A
- during routine traffic stops, a dog sniff is not a search so long as the police don’t extend the stop beyond the time needed to issue a ticket or conduct normal inquiries
-> during such traffic stops, a dog “alert” to presence of drugs can form basis for probable cause for a search - BUT without probable cause, police cannot use a drug sniffing dog outside of the home of a suspected drug dealer
14
Q
Police Officer’s Mistake of Law
A
- doesn’t invalidate a seizure as long as the mistake was reasonable
- ex: mistakenly believing that a vehicle must have two working brake lights
15
Q
Automobile Stops - Seizure of Occupants
A
- auto stop constitutes seizure of all occupants, not just driver
- means passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop
16
Q
Informational Checkpoints and Roadblocks
A
- if police set up roadblock for purposes other than seeking incriminating info about drivers stopped, roadblock = constitutional
If special law enforcement needs are involved, SCOTUS allows police to set up roadblocks to stop cars w/o individualized suspicion that driver violated law BUT to be valid, roadblock must:
- stop cars on basis of neutral, articulable standard AND
- be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility
17
Q
Ordering Occupants Out of Vehicle
A
- “in interest of officer safety”, police are allowed to order occupants out of vehicle after lawfully stopping it
- if officer reasonably believes detainees are armed, officer may frisk occupants + search passenger compartment for weapons, even after officer has ordered occupants out
18
Q
Pretextual Stops
A
- if police have probable cause to believe driver violated traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop
19
Q
Other Detentions
A
- detention to obtain a warrant
- occupants of the premises
- grand jury appearance
- deadly force
20
Q
Detention to Obtain a Warrant
A
- if police have probable cause to believe that a suspect has hidden drugs in their home, they may, for a reasonable time, prevent the suspect from going into the home unaccompanied so that they can prevent the suspect from destroying the drugs while they obtain a search warrant
21
Q
Occupants of the Premises - Detention
A
- valid warrant to search for contraband allows police to detain occupants of premises during a proper search
22
Q
Grand Jury Appearance
A
- seizure of a person (by subpoena) for a grand jury appearance is not w/in Fourth Amendment’s protection
23
Q
Deadly Force - Detention
A
- there is a 4th Am seizure when a police officer uses deadly force to apprehend a suspect
- officer may not use deadly force unless it is reasonable to do so under the circumstances (ex: suspect poses danger to own life or lives of others)
